Alimony–Know All You Need to Before Your Divorce
If you're on the brink of divorce, alimony is a bitter pill you will have to swallow. Alimony payments, that one divorced spouse pays to the other in the form of monthly installments, for maintenance and support, are a norm and there is a good chance
If you're on the brink of divorce, alimony is a bitter pill you will have to swallow. Alimony payments, that one divorced spouse pays to the other in the form of monthly installments, for maintenance and support, are a norm and there is a good chance that the spouse earning substantially more than the other will have to pay alimony to the other. This is the norm in the US legal system and there is no getting away from it. Alimony is usually paid in long marriages, which break down after a long period of staying together. However, in short marriages, where the spouses earn somewhat similar amounts of money, alimony may be given a pass.
How Long Do You Have to Pay?
If the court does ask you to pay alimony, it also often sets conditions which have to be fulfilled by the other spouse. You may have to continue giving these payments till your former spouse decides to remarry, or the children do not require the presence of a parent at home all the time. In cases where there has been abuse or neglect, the erring party may have to keep paying alimony for a long time to come. If the judge feels that even after a reasonable period of time, the spouse receiving the alimony has made no discernible efforts to be at least partially self supporting, they may withdraw alimony. The amount paid can be waived off or reduced in case the partner paying alimony falls on tough times, gets retired or experiences some other significant event which calls for a reevaluation of the alimony amount.
Can Mediation Solve Things?
As with most other things in your marriage, you and your spouse can work out a system for alimony through mediation too. You can decide who pays alimony to whom, how much of it is to be paid and how long the payments should continue. If you are not able to mediate and come to a mutually amicable decision, there will be a time consuming trial, which may be more costly than the alimony itself. Alimony has been a law for more than 100 years, and courts continue to order it today as well. So thinking that you can avoid the question of alimony completely, is not very wise – as your Los Angeles lawyer will probably inform you.
Do You Qualify to Receive Alimony?
If you are planning on receiving alimony, you may have some doubts too. If you are earning substantially at the time of your divorce, you may not receive any alimony. However, some courts do take into account how much your spouse earns and what was your standard of living before the divorce happened. Though you may not completely be able to maintain your standard of living during your marriage, your Los Angeles divorce attorney and the courts will try to ensure that you get a decent amount of money so that you can live respectably, especially if you have a very low earning potential.
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Aug 21, 2014